Miranda Sellers v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)

Miranda Sellers, an adult, filed a petition under the National Vaccine Injury Compensation Program on March 23, 2018, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine she received on October 3, 2016. Initially, the respondent recommended against compensation.

However, following further development of the record, the respondent filed an amended report on November 18, 2020, stating that they were of the opinion that Ms. Sellers was entitled to compensation for a Table injury of SIRVA after the flu vaccination, noting that no other causes were identified for her SIRVA and that her injury sequelae had persisted for more than six months.

Based on the respondent's concession and the evidence of record, Special Master Daniel T. Horner issued a ruling on entitlement on November 19, 2020, finding Ms.

Sellers eligible for compensation. Subsequently, on January 19, 2021, the respondent filed a proffer on award of compensation, proposing an award of $72,500.00.

The proffer stated that Ms. Sellers agreed with this amount, which represented compensation for all damages, including past and future pain and suffering, as provided under 42 U.S.C. § 300aa-15(a).

On January 21, 2021, Special Master Horner issued a decision awarding Ms. Sellers a lump sum payment of $72,500.00, payable to her, representing compensation for all damages.

Petitioner was represented by Michael Patrick Milmoe of the Law Offices of Leah V. Duran, PLLC, and respondent was represented by Camille Michelle Collett of the U.S.

Department of Justice. The case was resolved as a Table claim for SIRVA.